Justice Albin continued in his dissent: "A defendant who is found liable under the IFPA is subject to compensatory damages, treble damages, mandatory assessment of investigation expenses, attorneys' fees and costs .

The suit alleges the action violated broker agreements that restrict commission cuts to new policies, and also violates Massachusetts wage law and consumer law, which prohibits unfair and deceptive practices in trade or commerce, entitling plaintiffs to treble damages.

Even when an innocent CPA believes such problems can be overcome, the sheer risk of the endeavor-- particularly given the threat of punitive damages or treble damages under the Racketeer-Influenced and Corrupt Organizations Act may make out-of-court settlement of even a frivolous case the preferred course of action.

GEICO seeks to recover a total of more than $9 million in compensatory and treble damages under the Federal RICO statute and New York common law, as well as orders prohibiting the payment of more than $8 million dollars in unpaid claims that remain pending from the alleged activity.

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